Minor Change Request report-03.25 · 51983.3225.23

19 March 2025

Planning
Noosa Council
[email protected]

RE: Minor Change – 51983.3225.15 – 16/30 Hastings St, Noosa Heads (lot 16 GTP1154)
The application seeks a ‘minor change’ to development approval 51983.3225.18 on Lot 16 at ‘The Hastings’, to reflect small amendments to the site cover (reduction) and increased side setback.
Background
On the 14 November 2024, Council approved a minor change to the 1983 approval specifically relating to Lot 16.
Since this approval has been granted the body corporate has insisted on a site cover of <65%. The reasoning behind this reduction is to ensure the equitable sharing of development rights across the complex.

Figure 1 – Approved Plan – 14 November 2024

Proposal
The application seeks to reduce the Site Cover from 69.3m2 to 64.5m2. As a result of this reduction – the garage setback of the garage has been reduced from a Nil setback to 450mm for its 7,370mm length. The garage is long enough at 6.5m to accommodate the 2 cars proposed.

Figure 2 – Proposed Site Plan

Figure 3 – Existing and Proposed Ground Floor Plan comparison (setback highlighted)

Minor Change Test
An assessment against the meaning of minor change and a response about the proposed application is provided below. The Planning Act 2016 defines a minor change as a change to the approval that:

i. would not result in a substantially different development*;
(*In determining whether the proposed change would result in substantially different development, the assessment manager or referral agency must consider the individual circumstances of the development, in the context of the change proposed.)
Schedule 1 of the Development Assessment Rules set outs provisions for a substantially different development. A change may be considered to result in a substantially different development if the proposed change results in any of the following outlined in Table 1 below.
Table 1 - Substantially different development
Provisions of Schedule 1 of the DA Rules	Response
Involves a new use	There are no new uses proposed onsite.
results in the application applying to a new parcel of land; or	No new parcel of land is introduced.
dramatically changes the built form in terms of scale, bulk and appearance; or	The built form and appearance are changing, but the scale is not dramatically different. There is a small net decrease to site cover (noting the the site has a maximum GFA of ~5,680m² and a total GFA on site of ~3,530m²). The original dwellings are progressively being demolished and replaced with contemporary dwellings. This design is commensurate with the new built form onsite, one being directly adjoining the subject GTP.
changes the ability of the proposed development to operate as intended; or	There is no change to the operation of the development to operate as a multiple dwelling.
removes a component that is integral to the operation of the development; or	The proposal will be used as a multiple dwelling as defined by the Planning Scheme in force at the time of the original approval. No change to the operation of the resort or dwelling.
significantly impacts on traffic flow and the transport network, such as increasing traffic to the site; or	One additional bedroom is proposed and therefore 1 additional vehicle on site and considered insignificant on traffic entering and exiting the site. Given the site’s proximity to facilities, many visitors do not arrive in private vehicles, rather use ride share and active transport modes.
introduces new impacts or increase the severity of known impacts; or	No new impacts or the severity of impacts will result from the rebuild.
removes an incentive or offset component that would have balanced a negative impact of the development; or	Does not remove an offset or incentive components of the development.
impacts on infrastructure provisions.	There are no additional impacts on infrastructure.

ii. if a development application for the development, including the change, were made when the change application is made would not cause—

the inclusion of prohibited development in the application; or

Response: The change does not include any prohibited development.

referral to a referral agency, other than to the chief executive, if there were no referral agencies for the development application; or

Response: No referral required for the development.

referral to extra referral agencies, other than to the chief executive; or

Response: No referral agencies are applicable to the current development.

a referral agency to assess the application against, or have regard to, matters prescribed by regulation under section 55(2), other than matters the referral agency must have assessed the application against, or have had regard to, when the application was made; or

Response: The proposed change would not result in the chief executive having to consider matters additional to those considered when the application was made.

public notification if public notification was not required for the development application.

Response: The original application included public notification.

Given the above, the proposed change to the existing approval is a minor change in accordance with Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development Assessment Rules.

Deciding the Request

In accordance with S81 of The Planning Act 2016, Council must only consider the information provided and any other matter considered relevant, including — all matters Council would or may assess against or have regard to, if the change application were a development application.
Council must only consider the statutory instrument, or other document, as in effect when the development application for the development approval was properly made. However, may give weight they consider appropriate, in the circumstances, to—
(a) the statutory instrument or other document as in effect when the change application was made (Superseded Planning Scheme); or
(b) if the statutory instrument or other document is amended or replaced after the change application is made but before it is decided—the amended or replacement instrument or document; or
(c) another statutory instrument—
(i) that comes into effect after the change application is made but before it is decided; and
(ii) that the responsible entity would have been required to consider if the instrument had been in effect when the development application for the development approval was properly made.

Assessment
The following table outlines compliance to the key parameters of the development and the Noosa Plan 2020.
Criteria	Planning Scheme	Existing development Site Area (4931m²)	Proposal Includes additional parameters (net increase)	Complies
Building height storeys metres	4 storeys max 15 metres	4 storeys ~<15 metres	4 storeys <15 metres	
Site cover	45% max (2219.85m²)	36.51%	37% net increase of 0.48% or 20m²	
Plot ratio / Gross floor area	5,680m² max	3,373m² Excluding live applications on lot 2 and lot 3	3,530m² Net increase in GFA of 157m²	
Length of wall	15 metres max	15 metres	12-15 metres	
Carparking	2  min	1 covered	2 covered	
Ratio units: non-residential	20:1	12:1	No change	X
As demonstrated in the table above, the proposal complies with all the key parameters outline in the planning scheme and the recent approval.
Changes to Conditions
As a result of the proposed amendments to the development, condition 1 requires changing to include the updated proposal plans. It is acknowledged Council may apply some additional conditions specific to Lot 16 as has happened for other redevelopment in the complex.
It is requested condition 1 be changed to include the follow addition to the condition 1 table of approved plans.
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.

Approved Plans – <date> Lot 16 GTP1154
Plan No.	Rev.	Plan, prepared by	Date
- Site Plan prepared by Paul Clout Design 10/09/2024 06/03/2025
01.0 - Ground Floor Plan prepared by Paul Clout Design Annotated by Council 10/09/2024 06/03/2025
02.0 - Level 1 Floor Plan prepared by Paul Clout Design 10/09/2024 06/03/2025
03.0 - Level 2 Floor Plan prepared by Paul Clout Design
04.0 - Level 3 Floor Plan prepared by Paul Clout Design
05.0 - Roof Plan prepared by Paul Clout Design 10/09/2024
06.0 - Elevations (North) prepared by Paul Clout Design 10/09/2024 06/03/2025
07.0 - Elevations (East) prepared by Paul Clout Design 10/09/2024 06/03/2025
08.0 - Elevations (South) prepared by Paul Clout Design 10/09/2024 06/03/2025
09.0 - Elevations (West) prepared by Paul Clout Design 10/09/2024 06/03/2025
10.0 - Section AA prepared by Paul Clout Design 10/09/2024 06/03/2025

If you have any further queries in relation to the above, please do not hesitate to contact myself.

Regards,

Jack Lewis B.Sc Hons UNSW M.Plan Otago MPIA MQELA
Planner/Director
Pivotal Perspective Pty Ltd
0406 334 227

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